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terms of use

1. Acknowledgment and Acceptance of Terms

TravelBlender, LLC and its subsidiaries and Affiliates ("TravelBlender" "us" or "we") provide the travelblender.com site and various related services (collectively, the "Site") to you, the user ("you"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If you wish to become a registered member of the Site (a "Member") and make use of the Site, please read these Terms of Use.

BY USING THIS SITE, WHETHER OR NOT YOU REGISTER AS A MEMBER, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of July 12, 2012. We expressly reserve the right to change these Terms of Use from time to time, and such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use or other notice on the Site. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and include (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents or services.

We reserve the sole right to either modify or discontinue the Site, including any of the Site's features or services, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

The Site is intended solely for persons who are 18 years of age or older. You must be 18 or over to become a Member and/or use the Site and its related services.

2. Description of Services

We make various services available on this Site including, but not limited to, grouping Members based on self-selected criteria and group travel products, and other like services. However, we do not guarantee that you will be placed in a travel group.

3. Additional Travelers, Travel Groups and Booking Travel

You are soley responsible for the information you provide on Additional Travelers. Only add travelers to your request if you have their permission to use their personal information on this Site and in accordance with our Terms of Use and Privacy Policy.

TravelBlender is not responsible for information provided by users of its site. For example, TravelBlender makes no warranty or guarantees on the accuracy of the information provided by other users or members of a travel group, including, but not limited to, claims of age, date of birth, gender, professional or educational affiliations, location of residence, background, or other personal information or personal information of Additional Travelers.

Your group demographics are based on the entire group to which a trip is offered. The demographics of your trip are dependent upon which group members ultimately book the trip. If you are placed in a travel group, you may be transferred to third party sites, and our third-party partners may offer travel products and services to your group. TravelBlender does not sell any travel products or services to consumers, and nothing on this Site shall be construed as an offer by TravelBlender to sell any products or services or to enter into any kind of business relationship with TravelBlender. All purchases you make will be through other companies, whether you make such purchases on the Site or on a third-party site. You are cautioned to read such companies' terms and conditions and all policies, including policies regarding sales, refunds, warranties, and privacy before booking any travel or purchasing any products or services and before using such sites in order to be aware of the terms and conditions of your purchase and your use of such sites. Be sure to carefully evaluate and investigate all offers, promotions, product and services on such sites on your own to your satisfaction.

We cannot guarantee travel conditions, including weather. We cannot guarantee availability of flights, excursions, lodging or any other elements of a proposed trip. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. TravelBlender urges each traveler to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and/or the traveler's home country prior to booking travel to international destinations. For example, Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY PLACING YOU IN A TRAVEL GROUP TO RECEIVE OFFERS FOR SALE OF TRAVEL TO PARTICULAR INTERNATIONAL OR DOMESTIC DESTINATIONS, TRAVELBLENDER DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND TRAVELBLENDER WILL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

THE AGENTS, CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON OR THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVELBLENDER. TRAVELBLENDER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRAVELBLENDER HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, INCLEMENT WEATHER OR FORCE MAJEURE EVENT, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT AUTHORITY OR THIRD PARTY.

4. Registration Data and Privacy

In order to access some of the services on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"). By registering, you represent that all information provided in the Registration Data is true and accurate and agree that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain of your Registration Data. The information we obtain through your use of this Site, including your Registration Data and information about Additional Travelers, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. We encourage you to read and become familiar with our Privacy Policy.

5. Conduct on Site

You may access and use this Site only for your personal use. Your use of the Site is subject to all applicable laws, regulations and policies of all relevant jurisdictions, and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), is used for an unlawful purpose, or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. imposes an unreasonably or disproportionately large load on the Site or otherwise interferes with or inhibit any other user of this Site from using or enjoying the Site; or
f. contains software viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

You may not use the Site to collect personal information from children under 18 years of age or direct any Submissions (as defined below) toward such minor children. You also agree that you will not use information obtained from the Site to send others unsolicited e-mail of any kind, and that you will not impersonate any person or entity, including any of our employees or representatives. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions or any other provision in these Terms of Use. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by you or any other users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our agents have the right at our sole discretion to remove any content that we believe, in our judgment, is inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or is otherwise harmful or in violation of these Terms of Use and any other rules of user conduct for our Site. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

6. Third Party Sites and Information

This Site may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for and make no representations or warranties with respect to the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions on this Site with respect to any references to third parties or their products and services. The inclusion of third-party links or references is provided merely as a convenience and does not imply endorsement of, or association with, the linked website, any third party or any products or services referred to therein or by us, or any warranty of any kind, either express or implied. The terms of service and privacy policies applicable to third-party websites may be different from those applicable to our Site. If you decide to access any third-party website through a link within our Site, you do so entirely at your own risk, and we will have no liability for any loss or damage arising from your access or use of any third-party website. Since we are not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website.

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by TravelBlender, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TravelBlender does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will TravelBlender or its Affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Members or users of the Site.

7. Linking to the Site

Images of the TravelBlender logo can only be used to link to the Site; any other use of our logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that we approve or endorse you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. We reserve the right, at any time and in our sole discretion, to disable your hyperlink and/or request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use our logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using our logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

8. Intellectual Property Information

For purposes of these Terms of Use, "content" is defined as any information, data, text, databases, communications, software, photos, video, graphics, images, music, sound recordings, audio clips, logos, features and other material and services that can be viewed by users on our Site, and any compilation, collection or arrangement thereof. This includes message boards, chat, and other user-generated content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other applicable proprietary rights, laws and treaties of the United States and other countries, and is the sole property of (or, where applicable, licensed from third parties by) TravelBlender, LLC or our Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You acquire no ownership interest by accessing or using the Site or the content. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means (including but not limited to through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms) without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the content or any access to or use of the Site or the content. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

The following are registered trademarks, trademarks or service marks of TravelBlender, LLC or our Affiliates: "TravelBlender", "Make Friends. Go Places.", the TravelBlender service mark, the TravelBlender traveling stick people logo. All related custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of TravelBlender, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Except for the limited permissions expressly stated herein, nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the names of TravelBlender, LLC or our Affiliates.

9. User Content

Subject to our Privacy Policy, and excluding your personally identifiable Registration Data, any communication or material that you transmit to this Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

Excluding your personally identifiable Registration Data, by disclosing or offering any information to us including comments, computer files, documents, blog entries, graphics, suggestions, ideas, or other information (each, a "Submission"), either through your use of the Site or otherwise, you authorize us to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide and full-transferable, assignable and sublicensable right and license to use, copy, modify, adapt, publicly perform, publicly display, publish, reformat, translate, excerpt (in whole or in part), create collective or derivative works from and distribute, in any format, technology or medium now known or later developed, such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof. You further warrant that all so-called moral rights in your Submissions have been waived. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.

In making any Submission, you warrant and represent that you have all requisite rights to, and are authorized to disclose that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms of Use. It is your sole responsibility to ensure that your postings on the Site and other Submissions do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

10. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging or chat services (collectively, "Communications") available to users of our Site, either directly or through a third-party provider. Accordingly, we may make available separate supplemental agreements characterizing the relationship between you and us with respect to Communications that, except where expressly noted or contradictory, include these Terms of Use.

In accordance with our Privacy Policy, we will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

Without limiting the generality of Section [9] hereof, which applies to all Submissions to the Site, including Communications, you understand and agree that all content posted to the Site is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this Site are expressed strictly in their individual capacities, and not as our representatives or that of any of our sponsors or partners.

11. Unauthorized Use of Materials

We respect the intellectual property of others, and we ask you to do the same. If you believe in good faith that your copyrights have been infringed by content on this Site, you should send written notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. Send the written communication to the following address:

Designated Agent for Claimed Infringement:
Contact: TravelBlender Attention: Privacy Inquiries
Address: 707 Miamisburg-Centerville Road, Centerville, Ohio, 45459, USA
Phone: (937) 985-4154

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

12. Disclaimer of Warranties

THE USE OF THIS SITE BY YOU IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE TIMELY, FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TravelBlender, LLC spokesperson speaking in his/her official capacity. Please also refer to any specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, COMPENSATORY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY KIND, OR ANY DAMAGES WHATSOEVER, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROPERTY OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN ADDITION, NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE FROM ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH (A) YOUR USE OF OR RELIANCE ON THE SITE, (B) OUR PERFORMANCE OF OR FAILURE TO PERFORM OUR OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES, IN EACH CASE INCLUDING WITHOUT LIMITATION, LIABILITY FOR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ON A TRIP ARRANGED BY TRAVELBLENDER OR THROUGH ANY OTHER CONTACT YOU MAY HAVE WITH OTHER MEMBERS. YOU UNDERSTAND THAT TRAVELBLENDER MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE COMPATIBILITY OF YOUR PERSONALITIES OR ABILITY TO MAKE FRIENDS WITH INDIVIDUALS YOU MEET THROUGH THE SITE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT TRAVELBLENDER CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. TRAVELBLENDER ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. TRAVELBLENDER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY OTHER CURRENT OR FUTURE MEMBERS. TRAVELBLENDER RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

Without limiting any of the foregoing, if we or any of our Affiliates or our respective officers, directors, shareholders, agents, employees, affiliates, subsidiaries, or third party partners and their designees are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms of Use, the Site, or your use of the Site, the aggregate maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

Because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site and its related services, you agree that you bear all risk and you agree to release us and our Affiliates (and our respective officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners and their designees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Site, your purchases, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons on, a TravelBlender trip. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

14. Indemnification

You agree to defend, indemnify, and hold us and our Affiliates and our respective officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners and their designees harmless from and against all liabilities, claims, demands, suits or other proceedings, and all resulting losses, damages, costs and expenses, including attorney's and experts' fees and expenses, that arise from or relate to (a) your use or misuse of this Site and any use or misuse of this Site via your account; (b) your Submissions, and (c) your violation of these Terms of Use or any rights of any third party We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us, at your expense, in asserting any available defenses.

15. Security and Password

We take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. In order to protect the integrity of the Site, TravelBlender reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Site.

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account. You agree to (a) immediately notify TravelBlender of any loss or unauthorized use of or access to your username or password or any other breach of security, and (b) ensure that you log out of your account at the end of each session. TravelBlender will not be liable for any loss or damage arising from the unauthorized use of your username or password or your failure to comply with this provision.

16. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

17. Termination of Use

This Agreement shall remain in full force and effect while you use the Site or retain a Member account. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefor, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. After terminating your access, we will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms of Use, and the limitations upon your use and treatment of content will remain in full force. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

18. Governing Law and Member Disputes

This Site (excluding any linked Sites) is hosted and operated in the United States. By accessing this Site both you and we agree that the laws of the State of Ohio, without regard to the conflicts of laws principles thereof will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. The United Nations Convention on Contracts for the International Sale of Goods shall not govern or be used to construe these Terms of Use, and its application hereto is expressly excluded. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Ohio with respect to such matters.

You are solely responsible for your interactions with other TravelBlender Members. TravelBlender reserves the right, but has no obligation, to monitor disputes between you and other Members.

19. Waiver of Jury Trial.

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

20. Notices

All notices to us must be sent to the attention of Customer Service at , if by email, or at TravelBlender, LLC, 707 Miamisburg-Centerville Road, Centerville, Ohio, 45459, USA if by conventional mail. Notices to you may be sent to you via e-mail or conventional mail to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

21. Entire Agreement

Except for any separate written agreement between you and TravelBlender that expressly supersedes or modifies these Terms of Use, these Terms of Use and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement and understanding between us concerning your access to and use of the Site and the content. If any provision of this Agreement is held invalid or unenforceable, that provision will be stricken or construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and will not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

22. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities at our sole discretion. These Terms of Use do not confer any rights, remedies, or benefits upon any person other than you.

Any provisions of these Terms of Use that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

Our electronically or otherwise properly stored copy of these Terms of Use will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use.

23. Questions

Please contact us with any questions regarding the Site or these Terms of Use at:

TravelBlender, LLC
707 Miamisburg-Centerville Road, Centerville, Ohio, 45459, USA.
(937) 985-4154.

If you notice that any user is violating these Terms of Use, please contact us at